Certain Corrosion-Resistant Steel Products From the People's Republic of China: Negative Preliminary Determination of Circumvention Involving Guatemala, 8840-8841 [2020-03140]

Download as PDF 8840 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Notices HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise under investigation is dispositive. [FR Doc. 2020–03104 Filed 2–14–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–026; C–570–027] Certain Corrosion-Resistant Steel Products From the People’s Republic of China: Negative Preliminary Determination of Circumvention Involving Guatemala Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that imports of certain corrosionresistant steel products (CORE) completed in Guatemala are not circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on CORE from the People’s Republic of China (China) at this time. DATES: Applicable February 18, 2020. FOR FURTHER INFORMATION CONTACT: Drew Jackson, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4406. SUPPLEMENTARY INFORMATION: AGENCY: Background lotter on DSKBCFDHB2PROD with NOTICES On August 12, 2019, Commerce selfinitiated country-wide anticircumvention inquiries of the China CORE Orders 1 covering Chinese-origin hot-rolled steel (HRS) and/or cold-rolled steel (CRS) exported to various countries, including Guatemala, for completion into CORE and subsequently exported to the United States.2 In the 1 See Certain Corrosion-Resistant Steel Flat Products from India, Italy, the People’s Republic of China, the Republic of Korea, and Taiwan: Amended Final Affirmative Antidumping Duty Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016); see also Certain Corrosion-Resistant Steel Products from India, Italy, Republic of Korea, and the People’s Republic of China: Countervailing Duty Order, 81 FR 48387 (July 25, 2016) (collectively, China CORE Orders). 2 The notice of initiation subsequently published in the Federal Register on August 21, 2019. See Corrosion-Resistant Steel Products from the People’s Republic of China: Initiation of AntiCircumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 84 FR 43585 (August 21, 2019) (Initiation Notice) and accompanying Memorandum, ‘‘Certain CorrosionResistant Steel Products from the People’s Republic VerDate Sep<11>2014 17:48 Feb 14, 2020 Jkt 250001 Initiation Notice, Commerce initiated the instant anti-circumvention inquiries based on available information and an analysis pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h), to determine whether the importation of the Chinese-origin HRS or CRS substrate for completion into CORE in Guatemala and subsequent exportation of that CORE to the United States constitutes circumvention of the China CORE Orders. For a complete description of the record developed since the initiation of these inquiries, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. subsequently exported from Guatemala to the United States. Scope of the Orders The products covered by these orders are certain flat-rolled steel products, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickelor iron-based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non-metallic substances in addition to the metallic coating. For a complete description of the scope of the orders, see the Preliminary Decision Memorandum. Public Comment Scope of the Anti-Circumvention Inquiries These anti-circumvention inquiries cover CORE completed in Guatemala from HRS or CRS substrate input manufactured in China and of China: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders,’’ dated August 12, 2019. 3 See Memorandum, ‘‘Preliminary Decision Memorandum for the Anti-Circumvention Inquiries Involving Guatemala of the Antidumping and Countervailing Duty Orders on Certain CorrosionResistant Steel Products from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 Methodology Commerce is conducting these anticircumvention inquiries in accordance with section 781(b) of the Act and 19 CFR 351.225(h). For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Preliminary Finding As detailed in the Preliminary Decision Memorandum, we preliminarily determine that Ternium Internacional Guatemala S.A. is neither producing CORE from Chinese substrate in Guatemala nor exporting CORE incorporating Chinese substrate to the United States at present, or at any point recent enough to support the concerns which served as the basis for the initiation of these inquiries, and thus action is not appropriate to address circumvention of the China CORE Orders, at this time. Accordingly, Commerce is making a preliminary negative finding of circumvention of the China CORE Orders. Verification As provided in 19 CFR 351.307, Commerce intends to verify information relied upon in making its final determination. Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in these anti-circumvention inquiries, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.4 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in these anti-circumvention inquiries are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date 4 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Notices of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Notification to Interested Parties This determination is issued and published in accordance with section 781(b) of the Act and 19 CFR 351.225(f). Dated: February 7, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. Scope of the Anti-Circumvention Inquiries V. Period of Inquiries VI. Statutory Framework VII. Anti-Circumvention Determination VIII. Verification IX. Recommendation [FR Doc. 2020–03140 Filed 2–14–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Eli Lovely, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1593. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On August 12, 2019, Commerce selfinitiated country-wide anticircumvention inquiries of the China CORE Orders 1 covering Chinese-origin HRS and/or CRS exported to various countries, including the UAE, for completion into CORE and subsequently exported to the United States.2 In the Initiation Notice, Commerce initiated the instant anti-circumvention inquiries based on available information and an analysis pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h), to determine whether the importation of the Chinese-origin HRS or CRS substrate for completion into CORE in the UAE and subsequent exportation of that CORE to the United States constitutes circumvention of the China CORE Orders. For a complete description of the record developed since the initiation of these inquiries, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty International Trade Administration [A–570–026; C–570–027] Certain Corrosion-Resistant Steel Products From the People’s Republic of China: Affirmative Preliminary Determination of Circumvention Involving the United Arab Emirates Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that imports of certain corrosionresistant steel products (CORE), completed in the United Arab Emirates (the UAE) using hot-rolled steel (HRS) and/or cold-rolled steel (CRS) flat products manufactured in the People’s Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on CORE from China. DATES: Applicable February 18, 2020. lotter on DSKBCFDHB2PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:48 Feb 14, 2020 Jkt 250001 1 See Certain Corrosion-Resistant Steel Flat Products from India, Italy, the People’s Republic of China, the Republic of Korea, and Taiwan: Amended Final Affirmative Antidumping Duty Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016); see also Certain Corrosion-Resistant Steel Products from India, Italy, Republic of Korea, and the People’s Republic of China: Countervailing Duty Order, 81 FR 48387 (July 25, 2016) (collectively, China CORE Orders). 2 The notice of initiation subsequently published in the Federal Register on August 21, 2019. See Corrosion-Resistant Steel Products from the People’s Republic of China: Initiation of AntiCircumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 84 FR 43585 (August 21, 2019) (Initiation Notice) and accompanying Memorandum, ‘‘Certain CorrosionResistant Steel Products from the People’s Republic of China: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders,’’ dated August 12, 2019. 3 See Memorandum, ‘‘Preliminary Decision Memorandum for the Anti-Circumvention Inquiry Involving the United Arab Emirates of the Antidumping and Countervailing Duty Orders on Certain Corrosion-Resistant Steel Products from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 8841 Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Orders The products covered by these orders are certain flat-rolled steel products, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickelor iron-based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non-metallic substances in addition to the metallic coating. For a complete description of the scope of the orders, see the Preliminary Decision Memorandum. Scope of the Anti-Circumvention Inquiries These anti-circumvention inquiries cover CORE completed in the UAE from HRS or CRS substrate input manufactured in China and subsequently exported from the UAE to the United States (merchandise subject to these inquiries). Methodology Commerce is conducting these anticircumvention inquiries in accordance with section 781(b) of the Act and 19 CFR 351.225(h). Because certain interested parties did not cooperate to the best of their abilities in responding to Commerce’s requests for information, we have based parts of our preliminary determination on the facts available, with adverse inferences, pursuant to sections 776(a) and (b) of the Act. For a full description of the methodology underlying Commerce’s preliminary determination, see the Preliminary Decision Memorandum. Preliminary Finding As detailed in the Preliminary Decision Memorandum, we preliminarily determine that CORE completed in the UAE from HRS and/ or CRS substrate sourced from China is circumventing the China CORE Orders. We therefore preliminarily determine that it is appropriate to include this merchandise within the China CORE Orders and to instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of any entries of CORE from E:\FR\FM\18FEN1.SGM 18FEN1

Agencies

[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Notices]
[Pages 8840-8841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03140]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-026; C-570-027]


Certain Corrosion-Resistant Steel Products From the People's 
Republic of China: Negative Preliminary Determination of Circumvention 
Involving Guatemala

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that imports of certain corrosion-resistant steel products (CORE) 
completed in Guatemala are not circumventing the antidumping duty (AD) 
and countervailing duty (CVD) orders on CORE from the People's Republic 
of China (China) at this time.

DATES: Applicable February 18, 2020.

FOR FURTHER INFORMATION CONTACT: Drew Jackson, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4406.

SUPPLEMENTARY INFORMATION: 

Background

    On August 12, 2019, Commerce self-initiated country-wide anti-
circumvention inquiries of the China CORE Orders \1\ covering Chinese-
origin hot-rolled steel (HRS) and/or cold-rolled steel (CRS) exported 
to various countries, including Guatemala, for completion into CORE and 
subsequently exported to the United States.\2\ In the Initiation 
Notice, Commerce initiated the instant anti-circumvention inquiries 
based on available information and an analysis pursuant to section 
781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.225(h), to determine whether the importation of the Chinese-origin 
HRS or CRS substrate for completion into CORE in Guatemala and 
subsequent exportation of that CORE to the United States constitutes 
circumvention of the China CORE Orders.
---------------------------------------------------------------------------

    \1\ See Certain Corrosion-Resistant Steel Flat Products from 
India, Italy, the People's Republic of China, the Republic of Korea, 
and Taiwan: Amended Final Affirmative Antidumping Duty Determination 
for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 
25, 2016); see also Certain Corrosion-Resistant Steel Products from 
India, Italy, Republic of Korea, and the People's Republic of China: 
Countervailing Duty Order, 81 FR 48387 (July 25, 2016) 
(collectively, China CORE Orders).
    \2\ The notice of initiation subsequently published in the 
Federal Register on August 21, 2019. See Corrosion-Resistant Steel 
Products from the People's Republic of China: Initiation of Anti-
Circumvention Inquiries on the Antidumping Duty and Countervailing 
Duty Orders, 84 FR 43585 (August 21, 2019) (Initiation Notice) and 
accompanying Memorandum, ``Certain Corrosion-Resistant Steel 
Products from the People's Republic of China: Initiation of Anti-
Circumvention Inquiries on the Antidumping Duty and Countervailing 
Duty Orders,'' dated August 12, 2019.
---------------------------------------------------------------------------

    For a complete description of the record developed since the 
initiation of these inquiries, see the Preliminary Decision 
Memorandum.\3\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix I to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Preliminary Decision Memorandum for the 
Anti-Circumvention Inquiries Involving Guatemala of the Antidumping 
and Countervailing Duty Orders on Certain Corrosion-Resistant Steel 
Products from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by these orders are certain flat-rolled steel 
products, either clad, plated, or coated with corrosion-resistant 
metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-
based alloys, whether or not corrugated or painted, varnished, 
laminated, or coated with plastics or other non-metallic substances in 
addition to the metallic coating. For a complete description of the 
scope of the orders, see the Preliminary Decision Memorandum.

Scope of the Anti-Circumvention Inquiries

    These anti-circumvention inquiries cover CORE completed in 
Guatemala from HRS or CRS substrate input manufactured in China and 
subsequently exported from Guatemala to the United States.

Methodology

    Commerce is conducting these anti-circumvention inquiries in 
accordance with section 781(b) of the Act and 19 CFR 351.225(h). For a 
full description of the methodology underlying Commerce's preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Finding

    As detailed in the Preliminary Decision Memorandum, we 
preliminarily determine that Ternium Internacional Guatemala S.A. is 
neither producing CORE from Chinese substrate in Guatemala nor 
exporting CORE incorporating Chinese substrate to the United States at 
present, or at any point recent enough to support the concerns which 
served as the basis for the initiation of these inquiries, and thus 
action is not appropriate to address circumvention of the China CORE 
Orders, at this time. Accordingly, Commerce is making a preliminary 
negative finding of circumvention of the China CORE Orders.

Verification

    As provided in 19 CFR 351.307, Commerce intends to verify 
information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the final verification report is issued in 
these anti-circumvention inquiries, unless the Secretary alters the 
time limit. Rebuttal briefs, limited to issues raised in case briefs, 
may be submitted no later than five days after the deadline date for 
case briefs.\4\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties 
who submit case briefs or rebuttal briefs in these anti-circumvention 
inquiries are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date

[[Page 8841]]

of publication of this notice. Requests should contain the party's 
name, address, and telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce intends 
to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(b) of the Act and 19 CFR 351.225(f).

    Dated: February 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Anti-Circumvention Inquiries
V. Period of Inquiries
VI. Statutory Framework
VII. Anti-Circumvention Determination
VIII. Verification
IX. Recommendation

[FR Doc. 2020-03140 Filed 2-14-20; 8:45 am]
 BILLING CODE 3510-DS-P